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Samuel C Stretton

Samuel C Stretton

August 28, 2012 | The Legal Intelligencer

A lawyer may waive future conflicts with a client in certain situations

I am representing a client and I want to protect myself in case there is any future conflict. Can I, in my fee agreement, have a waiver of future conflicts for a client?

By Samuel C. Stretton

8 minute read

June 19, 2012 | The Legal Intelligencer

Lawyers who run nonlegal businesses must keep two professions separate

If I have a business in several states managing other companies and at the same time have an ongoing law practice, if something goes wrong, can I be sued in my capacity as an attorney?

By Samuel C. Stretton

9 minute read

November 20, 2012 | The Legal Intelligencer

A judge may not sign nominating petitions for 
political candidates

Can a judicial officer sign nominating petitions for other candidates? Would the answer change if the judicial officer were running for election in the same year also?

By Samuel C. Stretton

7 minute read

January 15, 2013 | The Legal Intelligencer

A lawyer must be careful when attempting to help an unrepresented opposing party

I was at a real estate settlement the other day where I represented the mortgage company. There was a lawyer present who was handling the settlement for the title company.

By Samuel C. Stretton

10 minute read

May 29, 2012 | The Legal Intelligencer

Lawyers may draft pleadings without signing their names

I am helping a prison inmate in his litigation. For personal reasons, I do not want to enter my appearance of record. May I draft the briefs and other pleadings for him, but allow him to sign his name?

By Samuel C. Stretton

8 minute read

July 02, 2013 | The Legal Intelligencer

Attorney advertisements should not include celebrities

I am an attorney who is trying to develop more business. Fortunately, I know a number of people who are considered celebrities. Can I run an ad with a picture of myself and my celebrity friends in the newspapers and on our website and other locations?

By Samuel C. Stretton

7 minute read

September 24, 2013 | The Legal Intelligencer

Lawyers have no obligation to volunteer 
information learned through privilege

I had a case where the court system did not pick up on the fact that my client had a prior DUI several years ago but within the 10-year window as set forth in the statute. No one ever asked me if my client had a prior record. The client did not have to fill anything out. Based on the record provided by the probation department, the court indicated this was a first offense and sentenced accordingly. Did I do anything unethical?

By Samuel C. Stretton

8 minute read

January 17, 2013 | New Jersey Law Journal

Q&A on Professional Liability

A lawyer is representing several clients for claims of injuries resulting from a motor vehicle accident. Can he have the clients, as part of the fee agreement, sign a consent to waive future conflicts of interest that might arise in this representation? Can this waiver of future conflicts extend to the handling and negotiation of a global settlement on behalf of the several clients?

By Samuel C. Stretton

6 minute read

January 29, 2013 | The Legal Intelligencer

Lawyers should seek a client's consent before pushing for memorandum opinions to be published

I have obtained a ruling from an appellate court in a case with a memorandum opinion that is very favorable to my client and which establishes new law that will be helpful to my client and other potential clients in future cases. Is it a violation of the ethical rules of confidentiality for me to actively seek publication of the memorandum opinion? Do I need my client's consent?

By Samuel C. Stretton

7 minute read

November 23, 2009 | The Legal Intelligencer

Respect and collegiality

What do judges do that annoys lawyers?

By Samuel C. Stretton

11 minute read